An Issue of Life or Death
University of California, Davis - School of Law
May 16, 2012
Yale University Press 2012
UC Davis Legal Studies Research Paper No. 297
Not too long ago, an HIV-positive diagnosis was tantamount to a death sentence — for people in the East and the West, in the South and the North. The drug companies that perfected the antiretroviral therapies invested princely sums to find these miracle cures. To justify their investment, they rely on the promise of a patent — the twenty-year exclusive right to make, use, and sell an invention that is novel, non-obvious, and useful. The patent allows the drug company to charge high sums for the medicine, and thereby recoup its enormous investments in scientists and drug trials, while also turning a profit for shareholders and investing in research toward future breakthrough drugs. Thus patents have saved countless lives. But this structure has its limits. Indeed, the evidence is mounting that in crucial ways patents fail to promote the health of people in the developing world, and in some cases in the developed world as well.
Number of Pages in PDF File: 28
Keywords: Intellectual Property, International Intellectual Property, Globalization, Law and Development, Law and Culture, Law and Humanities, Property Lawworking papers series
Date posted: May 16, 2012 ; Last revised: December 11, 2012
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